A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 15, 2010, the Defendant was sentenced to a summary order of 2.2 million won for a violation of road traffic law (driving), etc. by the Ulsan District Court, and on May 10, 2012, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic law (driving), and on October 7, 2013, the Defendant was sentenced to a suspended sentence of 1 year for a violation of road traffic law (driving) by the same court.

[Criminal facts] On June 7, 2018, the Defendant driven D 125cc calba in the state of alcohol alcohol concentration of about 0.110% without a motor device driver’s license from the front of the defensive distance in Ulsan-dong defense Dong-dong, Ulsan-dong, to the front road of the same Gu.

As a result, the Defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, once again driven a motor vehicle without a bicycle driver's license while under the influence of alcohol in violation of the prohibition of driving under the above drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (non-licensed or drinking);

1. Inquiries about the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (reports on criminal records of the same kind of suspect and related judgments attached to such judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of a crime is not minor in that the crime was committed again even though it had been committed, including the observation of protection and the suspension of the execution of imprisonment with prison labor for the reasons of sentencing under Article 62-2 of the Social Service Order Act. However, it does not lead to an accident, reflects the defendant's age, environment, drinking level, and motive for the crime.